# C_2007155EN.01001402.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/14 |
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7.7.2007

EN

Official Journal of the European Union

C 155/14

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Action brought on 4 May 2007 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-224/07)

(2007/C 155/27)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: N. Yerrel and P. Dejmek, Agents)

Applicant:

Defendant: Grand Duchy of Luxembourg

Defendant:

Form of order sought

| — | declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (1), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 33 of that directive;
  or in the alternative:
  declare that, by failing to communicate to the Commission the laws, regulations and administrative provisions necessary to comply with Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 33 of that directive; |
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declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (1), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 33 of that directive;

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or in the alternative:

declare that, by failing to communicate to the Commission the laws, regulations and administrative provisions necessary to comply with Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 33 of that directive;

| — | order the Grand Duchy of Luxembourg to pay the costs. |
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order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2004/49/EC expired on 30 April 2006.

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(1)  OJ 2004 L 164, p. 44, and corrigendum OJ 2004 L 220, p. 16.

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